"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v UGL Rail Services Pty Limited

[2023] FWC 923

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v

UGL Rail Services Pty Limited

(B2023/350)

VICE PRESIDENT CATANZARITI

SYDNEY, 19 APRIL 2023

Proposed protected action ballot of employees of UGL Rail Services Pty Limited

This is an application by the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of UGL Rail Services Pty Limited (Respondent).

On 18 April 2023, the Fair Work Commission was advised that the Respondent did not oppose the application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Timothy Jackson of the Applicant declared on 14 April 2023, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

An Order has been separately issued in PR761211.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU), also known as the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union," has applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of UGL Rail Services Pty Limited. The AMWU sought the order to facilitate a proposed industrial action ballot among the employees. UGL Rail Services Pty Limited did not oppose the application, leading to the matter being determined on the submitted documents without the need for a hearing.

The primary legal issue before the Fair Work Commission was whether the AMWU met the statutory requirements to hold a protected action ballot under section 437 of the Fair Work Act 2009. This involved examining if the union had genuinely attempted to reach an agreement with UGL Rail Services Pty Limited and if the necessary notification period had been met. The union's declaration, made by Timothy Jackson, detailed the bargaining efforts and the timeline of negotiations with the employer. The Commission had to assess if these efforts were sufficient to satisfy the legislative criteria for a protected action ballot.

In making its decision, the Fair Work Commission considered the statutory declaration and other relevant documents provided by the AMWU. It was satisfied that the union had genuinely tried to reach an agreement with the employer and that the notification period under section 443(1) of the Act had been complied with. Based on these findings, the Vice President concluded that the AMWU had met the necessary conditions to proceed with the ballot. Therefore, the application was approved, and an order was issued to permit the union to conduct the proposed industrial action ballot.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established